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On Amendments To The Federal Law "on Privatization Of State And Municipal Property"

Original Language Title: О внесении изменений в Федеральный закон "О приватизации государственного и муниципального имущества"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Federal Law "On privatization of state and municipal property" Adopted by the State Duma on May 21 2010 Approved by the Federation Council on 26 May 2010 (In the revision of the Federal Law of 29.06.2015 N 180-FZ) of the Russian Federation. 251; 2005, No. 2425; 2006, N 1, article 10; N 2, est. 172; N 17, est. 1782; 2007, N 7, est. 834; N 18, sect. 2117; N 21, sect. 2455; N 31, st. 4009; N 46, st. 5557; N 49, sect. 6079; 2008, N 20, sect. 2251, 2253; N 30, est. 3615, 3616, 3617; 2009, N 19, stop. 2279), the following changes: 1) Article 3, paragraph 2, should be supplemented by subparagraph 15 reading: " 15) Federal property in accordance with the decisions of the Government of the Russian Federation to create conditions for Attracting investment, stimulating the development of the stock market as well as modernization and technological development of the economy. "; 2) in paragraph 1 of Article 6: (a) Subparagraph 3 restate: " Forecast plan (programme) for the privatization of federal property plan period; "; b) to supplement subparagraph 8-1 as follows: " 8-1) takes the decision to approve the list of legal entities for the organization on behalf of the Russian Federation for the sale of the federal property privatized and (or) the performance of the functions of the seller; "; ), the sixteenth paragraph should read: " The Government of the Russian Federation may, by its decision, authorize legal persons to organize on behalf of the Russian Federation in the sale of the federal Property and/or carry out the functions of the seller. The decision of the Government of the Russian Federation determines the federal property to be privatized, the actions of the legal persons concerned, the size and manner of payment of their remuneration. "; (3) in article 7: (a), paragraphs 1 and 2 The following wording: " 1. The forecast plan for the privatization of federal property is approved by the Government of the Russian Federation for a period of one to three years. The forecast plan for the privatization of federal property indicates the main directions and objectives of the privatization of federal property in the planning period, the forecast of the impact of privatization of the property on structural changes in the federal property. The economy, including in specific sectors of the economy, the characteristics of federal property to be privatized and the projected timing of its privatization. 2. The forecast plan (program) of the privatization of federal property contains a list of federal unitary enterprises, shares of public joint stock companies in federal property and other federal property, which is planned to be privatized at the appropriate period. "; b) to supplement paragraph 2-1 as follows: " 2-1. The establishment of publicly owned shares in open joint-stock companies created as a result of the transformation of federal unitary enterprises as a contribution to the authorized capital of open joint-stock companies The forecast plan for the privatization of federal property in accordance with the decisions of the President of the Russian Federation and the decisions of the Government of the Russian Federation Federation. "; 4) Article 8, paragraph 1, should read as follows: " 1. The development of the draft forecast plan (programme) of the privatization of federal property is carried out in accordance with the main directions of the domestic policy of the Russian Federation, as defined by the President of the Russian Federation, OF THE PRESIDENT OF THE RUSSIAN FEDERATION by the Government of the Russian Federation. "; 5) in Article 9: (a) in the name of the word "performance", replace the word "results"; b) in paragraph 1 of the words "implementation of the projection plan (s)" to replace the word "results"; In the first paragraph of paragraph 2, the words "the implementation of the projection plan (s)" would be replaced by the word "results"; 6), article 12, as follows: " Article 12. Determination of the price of the privatisation state or municipal property The initial price of the state or municipal property to be privatized is fixed in the cases provided for by the present In accordance with the legislation of the Russian Federation, which regulates estimation activities; 7), article 13, paragraphs 3 and 4, shall be declared null and void; 8) paragraph 4 of article 14, paragraph 2, of the Covenant. the following revision: " initial price of property, if not otherwise is provided by the decision of the Government of the Russian Federation, adopted in accordance with article 6, paragraph 1, of this Federal Law; "; 9), to read as follows:" Article 15. Informational support for privatization of state or municipal property 1. The privatization of state or municipal property information includes activities aimed at creating the possibility of free access for an unlimited number of persons to information on privatization and including Publication in the media, public information systems, including information and telecommunications networks, forecast plan (programmes) of the privatization of federal property, annual reports on of the privatization of federal property, planning acts of privatization Property owned by the constituent entities of the Russian Federation, municipal property, decisions on the conditions of privatization of state and municipal property respectively, information reports on the sale of such property and the results of its sale. Information on the privatization of state or municipal property referred to in this paragraph shall be published in the official press and published on official websites designated by the Commissioner on the Internet. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Internet site). 2. Informational announcement of the sale of state or municipal property is to be published in the official printed publication, as well as the posting on the official website of the Internet, the website of the seller of state or municipal on the Internet (hereinafter referred to as "the Internet") at least thirty days before the day of the sale of the said property, unless otherwise provided by this Federal Act. 3. An information report on the sale of State or municipal property, to be published in an official publication, shall contain, except as provided for in this Federal Act, the following particulars: 1) the name of the public authority or local self-government body that has taken a decision on the conditions for the privatization of such property, the details of the decision; 2) the name of such property and other means to enable it individualize information (property characteristics); 3) how to privatize such property; 4) the initial sales price of such property; 5) the form of the bid for such property; 6) the terms and conditions of payment, the necessary account details; 7) the size of the deposit, the time and order of the deposit, the necessary details of the accounts; 8) the order, place, start and end date of applications, proposals; 9) an exhaustive list of documents submitted by buyers; 10) the duration of the contract for the sale of such property; 11) the procedure for familiiating buyers with other information, the terms of the contract of sale of such property; 12) restricting the participation of certain categories of individuals and legal entities in the privatization of such property; 13) the procedure for determining the winners (at auction, special auction, tender) or persons who have the right to acquire State or municipal property (when it is sold by means of a public offering, and without price declaration); 14) location and term of closure The results of the sale of state or municipal property. 4. When the shares of an open joint stock company are sold in state or municipal ownership, the following information is also provided: 1) the full name, postal address and location of the open shareholder of society; 2) the size of the authorized capital of an open joint stock company, the total number, the nominal value and the categories of issued shares of an open joint stock company; (3) a list of the main products (works, services), The production of which is carried out by an open joint stock company; (4) Conditions of the tender for the sale of shares of open joint stock company in the competition; 5) information on the share of the market of a certain goods of the economic entity included in the Register of economic entities holding market share of a particular commodity in the amount of more than 35 per cent. (Paragraph is no-valid-Federal Act of 29.06.2015) N 180-FZ) (Paragraph is lost by Federal Law 29/06/2015). N 180-FZ) (Paragraph is lost by Federal Law 29/06/2015). N 180-FZ) (Paragraph is lost by Federal Law 29/06/2015). N 180-FZ) (Paragraph is lost by Federal Law 29/06/2015). N 180-FZ) (Paragraph is lost by Federal Law 29/06/2015). N 180-FZ) (Paragraph is lost by Federal Law 29/06/2015). N 180-FZ) 6. By the decision of the Russian Federation Commissioner of the Federal Executive, the supreme executive body of the State authorities of the constituent entity of the Russian Federation, the local administration in an information message on the sale State or municipal property details of the property to be privatized. 7. In relation to the objects included in the forecast plan (program) of the privatization of federal property, acts of planning of privatization of property owned by the constituent entities of the Russian Federation, municipal property, legal entity, Additional information may be provided for the sale of the property to be privatized and the (or) the seller's function. 8. From the moment of incorporation into the forecast plan (program) of the privatization of federal property, acts of planning of privatization of property owned by the constituent entities of the Russian Federation, municipal property of open joint-stock companies and State or municipal unitary enterprises are obliged to disclose information in the manner and in the form approved by the Government Commissioner of the Russian Federation by the Federal Executive. 9. From the day of receipt of applications, a person wishing to acquire State or municipal property (hereinafter referred to as the applicant) has the right to be informed about the property to be privatized. In the application sites and on the website of the seller of state or municipal property on the Internet, public information on tenders for the sale of public or municipal privatisation should be posted on the Internet. property, model documents submitted by purchasers of State or municipal property, tendering rules. 10. Information on the results of transactions of privatization of state or municipal property is to be published in the official printed publication, posting on Internet sites within thirty days from the day of the said transactions. 11. The information on the results of privatization of state or municipal property, which is to be published in the official printed publication, posting on the Internet sites, includes: 1) the name of such property; and others that allow it to individualize information (property characteristics); 2) the date and place of the tender; 3) the name of the seller of such property; 4) the number of applications; 5) Recogned by the bidders; 6) the price of the privatization transaction; 7) the name of the natural person or the name of the legal person-the buyer. "; 10) in article 18: (a) paragraph 6 should read: " 6. To participate in the auction, the bidder contributes 10 per cent of the initial price specified in the information message of the sale of state or municipal property. "; b) in paragraph 11 of the word" win at auction " In the words "the recognition of the winner of the auction"; 11) in article 20: (a), paragraph 5 should read: " 5. In order to participate in the contest, the applicant submits a deposit of 10 per cent of the initial price specified in the information message on the sale of state or municipal property. "; b) in paragraph 10 of the word" victory in the competition " In the words "acceptance by the winner"; 12), article 23 should read: " Article 23. Sale of state or municipal property through public offering 1. The sale of state or municipal property through a public offering (hereinafter referred to as a public offering) is carried out in the event that the auction for the sale of the said property has been declared invalid. 2. Informational announcement of the sale by means of a public offering along with the information provided for in Article 15 of this Federal Law shall contain the following information: 1) the date, time and place of the sale by means of a public offering; 2) value of the reduction in the price of the original proposal ("downward step"), the value of the price increase in the case provided for by this Federal Law ("auction step"); 3) the minimum price Proposals on which the State may be sold, or municipal property (cut-off costs). 3. The price of the original proposal shall not be lower than the starting price specified in the information message of the sale of the property referred to in paragraph 1 of this article at the auction, which was declared invalid and the cut-off price is 50 The percentage of the initial price of such an auction. 4. The number of applications must be at least twenty-five days. One person has the right to submit only one application. 5. The sale through a public offering shall be carried out using an open form of proposals for the acquisition of State or municipal property within one procedure for such sale. When selling through a public offering, the price of the original proposal for a "downward step" is progressively reduced to the price of the clip. Proposals for the acquisition of State or municipal property shall be made by the participants in the sale by means of a public offering by raising their cards after the price of the original offer or the price of the offer, on the "downgrade" step. The right to purchase state or municipal property belongs to a member of the sale by means of a public offering, which confirmed the price of the original offer or the price of the offer, which was established on the respective "downgrade", in the absence of offers by other participants, by means of a public offering. In the event that multiple participants of the sale by means of a public offering confirm the price of the original offer or the price of the quotation from one of the "demotion steps" with all the participants in the sale by means of The public offering shall be auctioned according to the rules of the auction established in accordance with this Federal Act, which provides for an open form of supply of bids for the price of property. The starting price of a state or municipal property at such an auction is the price of the original offer or the price of the offer, which is based on this "downfall". In the event that the participants of such an auction do not state offers for a price greater than the initial price of state or municipal property, the right of purchase belongs to the auction participant, who first confirmed the initial price of state or municipal property. 6. The sale through a public offering, in which only one participant has participated, is considered to be untenable. 7. The applicant is not allowed to participate in the sale by means of a public offering on the following grounds: 1) the submitted documents do not confirm the applicant's right to be a buyer under Russian law Federation; 2) not all documents according to the list provided in the information report on the sale of State or municipal property or the issuance of these documents are not in compliance with the law Russian Federation; 3) application for participation in the sale of A public proposal has been submitted by a person who is not an authorized candidate for such action. 8. The list of reasons given in paragraph 7 of this article for refusing to participate in the sale through a public offering shall be exhaustive. 9. The applicant has the right to withdraw the application for participation by means of a public offering until such sale is accepted by the applicant. 10. Notice of recognition of the participant of the sale by means of a public offering shall be given to the winner or his/her authorized representative to the receipt on the day after the sale has been taken up by means of a public offering. 11. If the winner of the sale is refused or refused the sale by means of a public offer from the conclusion of the contract of sale of the property, he shall not be entitled to enter into the said contract and the deposit shall not be returned to him. 12. The amount of the deposit is returned to the participants of the sale by means of a public offering, except for the winner of the sale, within five days from the date of the review. 13. Not later than five days from the date on which the notice of the participant's recognition of the sale was issued by means of a public offering, the winner is awarded the contract of sale. 14. The transfer of state or municipal property and the registration of the ownership of the property shall be carried out in accordance with the legislation of the Russian Federation no later than thirty days after the date of full payment of the property. 15. The procedure for the sale of State or municipal property by means of a public offering in a part not regulated by this article shall be established by the Government of the Russian Federation. "; 13) in article 24: (a), paragraph 1 add the following paragraph: "When selling state or municipal property without a price declaration, its initial price is not defined."; b) the second sentence of the first paragraph of paragraph 2, should be deleted; 14) Chapter V should be supplemented by Article 32-1 as follows: " Article 32-1. The sale of state or municipal property in electronic form 1. The sale of state or municipal property by means of articles 18 to 20, 23, 24 of this Federal Law may be made in electronic form. The provisions of the said articles in respect of the sale of State or municipal property shall be subject to the circumstances set out in this article. 2. Information on the sale of State or municipal property in electronic form must be contained in a decision on the conditions for the privatization of such property. 3. The involvement of a legal entity for the sale of State or municipal property in electronic form (hereinafter the organizer) is carried out by the seller of State or municipal property. 4. To carry out the sale of state or municipal property in electronic form (further electronic sales), the organizer is obliged to use the information systems that provide: 1) free and free access to Information on electronic sales, as well as the rules of operation using such systems; (2) the possibility of submitting applicants and accompanying documents in the form of electronic documents; 3) Electronic storage and processing of requests and other documents submitted by The applicants, using the procedure established by the Russian Federation law for the protection of information; 4) protection of information (applications and other documents) submitted by applicants, including the preservation of this information, the prevention of its destruction, unauthorized alteration and copying; 5) the creation, processing, storage and electronic submission of information and documents, including the outcome of the sale in electronic form; 6) uninterrupted operation of such systems and Users ' access to them, including those who sell electronically, throughout the sales period. 5. It is prohibited to collect additional charges from the participants in electronic form not provided for in this Federal Act. 6. The publication and posting of an information message about the sale in electronic form shall be carried out in accordance with the procedure established by article 15 of this Federal Law. (Paragraph is no-valid-Federal Act of 29.06.2015) N 180-FZ In an information message about the sale in electronic form placed on Internet sites, together with the information provided by article 15, paragraph 5 of this Federal Law, the site is reported in The Internet, which will be sold in electronic form, date and time of registration on this site of applicants for participation in such sales, the order of their registration, the rules for the sale in electronic form, the date and time of the sale. (Paragraph is no-valid-Federal Act of 29.06.2015) N 180-FZ 7. To participate in electronic sales, applicants must register on the Internet site indicated in the information message about the sale in electronic form, in the order established by this information message. The decision to recognize bidders in electronic form or to refuse admission to such a sale shall be made by the seller of State or municipal property. 8. The submission of proposals for the price of State or municipal property shall be carried out by a registered participant in electronic form during one such sale procedure. 9. From the date and since the start of the electronic sales procedure on the Internet site on which the procedure is conducted, it must be indicated: 1) the name of state or municipal property and other allowing it to be individualized (lot specification); 2) start price, initial price increase ("auction step")-in the case of auction; 3) the price of the original offer, " step "Reduction", the period after which the price of the proposal has been progressively reduced, The minimum price of a proposal for which state or municipal property may be sold, the value of the price increase in the case provided for by this Federal Law ("auction move")-in the case of a sale through a public auction Proposals; 4) last offer on the price of state or municipal property and the time of its arrival in real time. 10. If the sale of state or municipal property is carried out without a price declaration, the initial price is not specified. 11. Within one hour from the end of the electronic sales procedure on the Internet site on which the electronic form was sold, the following items are located: 1) the name of the property and other items allowing it to be sold Individualize information (lot specification); 2) privatization deal price; 3) the name of the individual or the name of the legal person-the winner of the auction. 12. The results of the electronic sales procedure are processed by the protocol, which is posted on the official Internet site, which was sold electronically, during the day following the day of signing of the document Protocol. 13. The requirements for technological, software, linguistic, legal and organizational means of ensuring the use of the Internet site on which the sale will take place in electronic form shall be approved by the Government Commissioner OF THE PRESIDENT OF THE RUSSIAN FEDERATION 14. The organization and conduct of the sale in electronic form shall be established by the Government of the Russian Federation. "; (15) in the first paragraph of article 39, paragraph 1, of the words" specialized State agency or specialized agencies ". State institutions, "delete; 16) in article 41: (a), paragraph 2 should read: " 2. In the case of alienation of shares of open joint-stock companies in accordance with the procedure established by this Federal Law, the registration of securities prospectus is not required, except for the sale of these shares through the trade organizer in the securities market. "; (b) In paragraph 3 of the words "and (or) a specialized public institution or specialized State institutions", delete; 17) in article 42, paragraph 1, the words " a specialized public institution or Specialized public institutions carrying out special On behalf of the Government of the Russian Federation, the Government of the Russian Federation, on behalf of the Government of the Russian Federation, acting on behalf of the Government of the Russian Federation on behalf of the Russian Federation The seller of the privatized federal property ". President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 31 May 2010 N 106-FZ